Newsom et al v. Countrywide Home Loans, Inc. et al

Filing 194

ORDER requiring parties to file documents. Signed by Magistrate Judge Nandor J. Vadas on January 7, 2014. (njvlc2, COURT STAFF) (Filed on 1/7/2014) (Additional attachment(s) added on 1/7/2014: # 1 Certificate/Proof of Service) (njvlc2, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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PETER NEWSOM, et al.,

Case No. 09-cv-05288-SBA (NJV)

Plaintiffs,
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v.

ORDER REQUIRING PARTIES TO
FILE DOCUMENTS

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BANKERS ALLIANCE INC., et al.,

United States District Court
Northern District of California

Defendants.
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The undersigned held an evidentiary hearing in this matter on January 7, 2014. The parties

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discussed but did not provide several documents. Accordingly, no later than 10 days from the date

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of this order:

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Whiteside shall provide to the court her un-redacted phone records substantiating her claim

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that she called Norman and Rooney upon receiving the SAC. If Whiteside prefers not to file this

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information publicly, she may file a redacted version and provide an un-redacted version to the

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court in camera, with a copy to Plaintiffs’ counsel. Whiteside shall attach the phone records to a

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declaration, verifying under penalty of perjury that the phone number from which the relevant

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calls were placed was her phone number and that the documents are true and correct copies of her

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phone records.

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Rooney shall file the complete transcript of Whiteside’s deposition.

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In addition, the court has reviewed the docket in this matter, and cannot substantiate

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Whiteside’s representation at the hearing that she appeared for a case management conference

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(“CMC”) with Judge Armstrong before Plaintiffs attempted to serve her at Fillbert Street.

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Plaintiffs delivered a copy of the operative complaint to the Fillbert Street address on October 23,

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2012. See Doc. No. 114. There is no indication on the docket that Whiteside appeared at any

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CMC before that date. Whiteside may address the issue in her declaration.

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IT IS SO ORDERED.
Dated: January 7, 2014
______________________________________
NANDOR J. VADAS
United States Magistrate Judge

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United States District Court
Northern District of California

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